Instructions for Form 4626 |
2003 Tax Year |
Specific Instructions
This is archived information that pertains only to the 2003 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
Line 1—Taxable Income or (Loss) Before Net Operating Loss Deduction
Enter the corporation's taxable income or (loss) before the NOL deduction, after the special deductions, and without regard
to any excess inclusion
(e.g., if filing Form 1120, subtract line 29b from line 28 of that form).
Line 2—Adjustments and Preferences
To avoid duplication, do not include any AMT adjustment or preference taken into account on line 2i, 2j, 2k, or 2o in the
amounts to be entered on
any other line of this form.
Line 2a—Depreciation of Post-1986 Property
Do not make a depreciation adjustment on line 2a for:
- A tax shelter farm activity. Take this adjustment into account on line 2i.
- Passive activities. Take this adjustment into account on line 2j.
- An activity for which the corporation is not at risk or income or loss from a partnership or an S corporation if the basis
limitations
apply. Take this adjustment into account on line 2k.
What Depreciation Must Be Refigured for the AMT?
Generally, the corporation must refigure depreciation for the AMT, including depreciation allocable to inventory costs, for:
- Property placed in service after 1998 depreciated for the regular tax using the 200% declining balance method (generally 3-,
5-, 7-, or
10-year property under the modified accelerated cost recovery system (MACRS));
- Section 1250 property placed in service after 1998 that is not depreciated for the regular tax using the straight line method;
and
- Tangible property placed in service after 1986 and before 1999. (If the transitional election was made under section 203(a)(1)(B)
of the Tax
Reform Act of 1986, this rule applies to property placed in service after July 31, 1986.)
What Depreciation Is Not Refigured for the AMT?
Do not refigure depreciation for the AMT for the following.
- Residential rental property placed in service after 1998.
- Nonresidential real property with a class life of 27.5 years or more (generally, a building and its structural components)
placed in service
after 1998 that is depreciated for the regular tax using the straight line method.
- Other section 1250 property placed in service after 1998 that is depreciated for the regular tax using the straight line method.
- Property (other than section 1250 property) placed in service after 1998 that is depreciated for the regular tax using the
150% declining
balance method or the straight line method.
- Property for which the corporation elected to use the alternative depreciation system (ADS) of section 168(g) for the regular
tax.
- Qualified property eligible for the special depreciation allowance under section 168(k). The special allowance is deductible
for the AMT,
and there also is no adjustment required for any depreciation figured on the remaining basis of the qualified property. Property
for which an election
is in effect under section 168(k)(2)(C)(iii) to not have the special allowance apply is not qualified property. See the Instructions for
Form 4562 for the definition of qualified property.
- Any part of the cost of any property for which the corporation made the election under section 179 to treat the cost of the
property as a
deductible expense. The reduction to the depreciable basis of section 179 property by the amount of the section 179 expense
deduction is the same for
the regular tax and the AMT.
- Property described in sections 168(f)(1) through (4).
- Qualified Indian reservation property.
- Qualified revitalization expenditures for a building for which the corporation elected to claim the commercial revitalization
deduction
under section 1400I.
How Is Depreciation Refigured for the AMT?
Property placed in service after 1998.
Use the same convention and recovery period used for the regular tax. Use the straight line method for section 1250
property. Use the 150%
declining balance method, switching to straight line the first tax year it gives a larger deduction, for other property.
Property placed in service before 1999.
Refigure depreciation for the AMT using ADS, with the same convention used for the regular tax. See the table below
for the method and recovery
period to use.
Property Placed in Service Before 1999
IF the property is |
THEN use the |
Section 1250 property. |
Straight line method over 40 years. |
Tangible property (other than section 1250 property) depreciated using straight line for the regular tax. |
Straight line method over the property's AMT class life. |
Any other tangible property. |
150% declining balance method, switching to straight line the first tax year it gives a larger deduction, over the property's
AMT class life.
|
How is the AMT class life determined?
For property placed in service before 1999, the class life used for the AMT is not necessarily the same as the recovery
period used for the regular
tax.
The class lives are listed in Rev. Proc. 87-56, 1987-2 C.B. 674, and in Pub. 946, How To Depreciate Property.
See Pub. 946 for tables that may be used to figure AMT depreciation. Rev. Proc. 89-15, 1989-1 C.B. 816, has special
rules for short tax years and
for property disposed of before the end of the recovery period.
How Is the Line 2a Adjustment Figured?
Subtract the AMT deduction for depreciation from the regular tax deduction and enter the result. If the AMT deduction is more
than the regular tax
deduction, enter the difference as a negative amount.
In addition to the AMT adjustment to the deduction for depreciation, also adjust the amount of depreciation that was capitalized,
if any, to
account for the difference between the rules for the regular tax and the AMT. Include on this line the current year adjustment
to taxable income, if
any, resulting from the difference.
Line 2b—Amortization of Certified Pollution Control Facilities
For facilities placed in service before 1999, figure the amortization deduction for the AMT using ADS (i.e., the straight
line method over the
facility's class life). For facilities placed in service after 1998, figure the amortization deduction for the AMT under MACRS
using the straight line
method. Figure the AMT deduction using 100% of the asset's amortizable basis. Do not reduce the corporation's AMT basis by
the 20% section 291
adjustment that applied for the regular tax.
Enter the difference between the AMT deduction and the regular tax deduction on line 2b. If the AMT deduction is more than
the regular tax
deduction, enter the difference as a negative amount.
Line 2c—Amortization of Mining Exploration and Development Costs
Note:
This adjustment applies only to costs for which the corporation did not elect the optional 10-year write-off under section
59(e) for the regular
tax.
For the AMT, the regular tax deductions under sections 616(a) and 617(a) are not allowed. Instead, capitalize these costs
and amortize them ratably
over a 10-year period beginning with the tax year in which the corporation paid or incurred them. The 10-year amortization
applies to 100% of the
mining development and exploration costs paid or incurred during the tax year. Do not reduce the corporation's AMT basis by
the 30% section 291
adjustment that applied for the regular tax.
If the corporation had a loss on property for which mining exploration and development costs have not been fully amortized
for the AMT, the AMT
deduction is the smaller of (a) the loss allowable for the costs had they remained capitalized or (b) the remaining costs to be
amortized for the AMT.
Subtract the AMT deduction from the regular tax deduction. Enter the result on line 2c. If the AMT deduction is more than
the regular tax
deduction, enter the difference as a negative amount.
Line 2d—Amortization of Circulation Expenditures
Note:
This adjustment applies only to expenditures of a personal holding company for which the company did not elect the optional 3-year
write-off under section 59(e) for the regular tax.
For the regular tax, circulation expenditures may be deducted in full when paid or incurred. For the AMT, these expenditures
must be capitalized
and amortized over 3 years.
If the corporation had a loss on property for which circulation expenditures have not been fully amortized for the AMT, the
AMT deduction is the
smaller of (a) the loss allowable for the expenditures had they remained capitalized or (b) the remaining expenditures to be
amortized for the AMT.
Subtract the AMT deduction from the regular tax deduction. Enter the result on line 2d. If the AMT deduction is more than
the regular tax
deduction, enter the difference as a negative amount.
Line 2e—Adjusted Gain or Loss
If, during the tax year, the corporation disposed of property for which it is making (or previously made) any of the adjustments
described on lines
2a through 2d above, refigure the property's adjusted basis for the AMT. Then refigure the gain or loss on the disposition.
The property's adjusted basis for the AMT is its cost minus all applicable depreciation or amortization deductions allowed
for the AMT during the
current tax year and previous tax years. Subtract this AMT basis from the sales price to get the AMT gain or loss.
Important:
The corporation may also have gains or losses from lines 2i, 2j, and 2k that must be considered on line 2e. For example, if
for the regular tax the
corporation reports a loss from the disposition of an asset used in a passive activity, include the loss in the computations
for line 2j to determine
if any passive activity loss is limited for the AMT. Then, include the AMT passive activity loss allowed that relates to the
disposition of the asset
on line 2e in determining the corporation's AMT basis adjustment. It may be helpful to refigure the following for the AMT:
Form 8810 and related
worksheets, Schedule D (Form 1120), Form 4684 (Section B), or Form 4797.
Enter the difference between the regular tax gain or loss and the AMT gain or loss. Enter the difference as a negative amount
if:
- The AMT gain is less than the regular tax gain,
- The AMT loss exceeds the regular tax loss, or
- The corporation has an AMT loss and a regular tax gain.
Line 2f—Long-Term Contracts
For the AMT, the corporation generally must use the percentage-of-completion method described in section 460(b) to determine
the taxable income
from any long-term contract (defined in section 460(f)). However, this rule does not apply to any home construction contract
(as defined in section
460(e)(6)).
For contracts excepted from the percentage-of-completion method for the regular tax by section 460(e)(1), determine the percentage
of completion
using the simplified procedures for allocating costs outlined in section 460(b)(3).
Subtract the regular tax income from the AMT income. Enter the difference on line 2f. If the AMT income is less than the regular
tax income, enter
the difference as a negative amount.
Line 2g—Merchant Marine Capital Construction Funds
Amounts deposited in these funds (established under section 607 of the Merchant Marine Act of 1936) are not deductible for
the AMT. Earnings on
these funds must be included in gross income for the AMT. If the corporation deducted these amounts or excluded them from
income for the regular tax,
add them back on line 2g. See section 56(c)(2) for details.
Line 2h—Section 833(b) Deduction
This deduction is not allowed for the AMT. If the corporation took this deduction for the regular tax, add it back on line
2h.
Line 2i—Tax Shelter Farm Activities
Important:
Complete this line only if the corporation is a personal service corporation and it has a gain or loss from a tax shelter
farm activity (as defined
in section 58(a)(2)) that is not a passive activity. If the tax shelter farm activity is a passive activity, include the gain or
loss in the computations for line 2j.
Refigure all gains and losses reported for the regular tax from tax shelter farm activities by taking into account any AMT
adjustments and
preferences. Determine the AMT gain or loss using the rules for the regular tax with the following modifications.
- No loss is allowed except to the extent the personal service corporation is insolvent (see section 58(c)(1)).
- Do not use a loss in the current tax year to offset gains from other tax shelter farm activities. Instead, suspend any loss
and carry it
forward indefinitely until the corporation has a gain in a subsequent tax year from that same tax shelter farm activity or
it disposes of the
activity.
Note:
Keep adequate records for losses that are not deductible (and therefore carried forward) for both the AMT and regular tax.
Enter on line 2i the difference between the AMT gain or loss and the regular tax gain or loss. Enter the difference as a negative
amount if the
corporation had:
- An AMT loss and a regular tax gain,
- An AMT loss that exceeds the regular tax loss, or
- A regular tax gain that exceeds the AMT gain.
Line 2j—Passive Activities
Note:
This adjustment applies only to closely held corporations and personal service corporations.
Refigure all passive activity gains and losses reported for the regular tax by taking into account the corporation's AMT
adjustments, preferences,
and AMT prior year unallowed losses.
Determine the corporation's AMT passive activity gain or loss using the same rules used for the regular tax. If the corporation
is insolvent, see
section 58(c)(1).
Disallowed losses of a personal service corporation are suspended until the corporation has income from that (or any other)
passive activity or
until the passive activity is disposed of (i.e., its passive losses cannot offset “net active income” (defined in section 469(e)(2)(B) or
“portfolio income”). Disallowed losses of a closely held corporation that is not a personal service corporation are treated the same except
that,
in addition, they may be used to offset “net active income.”
Note:
Keep adequate records for losses that are not deductible (and therefore carried forward) for both the AMT and regular tax.
Enter on line 2j the difference between the AMT gain or loss and the regular tax gain or loss. Enter the difference as a negative
amount if the
corporation had:
- An AMT loss and a regular tax gain,
- An AMT loss that exceeds the regular tax loss, or
- A regular tax gain that exceeds the AMT gain.
Tax Shelter Farm Activities That Are Passive Activities
Refigure all gains and losses reported for the regular tax by taking into account the corporation's AMT adjustments and preferences
and AMT prior
year unallowed losses.
Use the same rules as outlined above for other passive activities, with the following modifications.
- AMT gains from tax shelter farm activities that are passive activities may be used to offset AMT losses from other passive
activities.
- AMT losses from tax shelter farm activities that are passive activities may not be used to offset AMT gains from other passive
activities.
These losses must be suspended and carried forward indefinitely until the corporation has a gain in a subsequent year from
that same activity or it
disposes of the activity.
Refigure gains and losses reported for the regular tax from at-risk activities and partnerships by taking into account the
corporation's AMT
adjustments and preferences. If the corporation has recomputed losses that must be limited for the AMT (under section 59(h))
by section 465 or section
704(d) or the corporation reported losses for the regular tax from at-risk activities or partnerships that were limited by those sections,
figure the difference between the loss limited for the AMT and the loss limited for the regular tax for each applicable at-risk
activity or
partnership. “Loss limited” means the amount of loss that is not allowable for the year because of the limitation of section 465 or 704(d).
Enter on line 2k the excess of the loss limited for the AMT over the loss limited for the regular tax. If the loss limited
for the regular tax is
more than the loss limited for the AMT, enter the difference as a negative amount.
Refigure depletion using only income and deductions allowed for the AMT when refiguring the limit based on taxable income
from the property under
section 613(a) and the limit based on taxable income, with certain adjustments, under section 613A(d)(1). Also, the depletion
deduction for mines,
wells, and other natural deposits under section 611 is limited to the property's adjusted basis at the end of the year, as
refigured for the AMT,
unless the corporation is an independent producer or royalty owner claiming percentage depletion for oil and gas wells under
section 613A(c). Figure
this limit separately for each property. When refiguring the property's adjusted basis, take into account any AMT adjustments
the corporation made
this year or in previous years that affect basis (other than the current year's depletion). Do not include in the property's
adjusted basis any
unrecovered costs of depreciable tangible property used to exploit the deposits (e.g., machinery, tools, pipes, etc.).
For iron ore and coal (including lignite), apply the section 291 adjustment before figuring this preference.
Enter on line 2l the difference between the regular tax and the AMT deduction. If the AMT deduction is more than the regular
tax deduction, enter
the difference as a negative amount.
Line 2m—Tax-Exempt Interest Income From Specified Private Activity Bonds
Enter interest income from specified private activity bonds, reduced by any deduction that would have been allowable if the
interest were
includible in gross income for the regular tax. Generally, a specified private activity bond is any private activity bond
(as defined in section 141)
issued after August 7, 1986. See section 57(a)(5) for exceptions and details.
Line 2n—Intangible Drilling Costs
Note:
This preference applies only to costs for which the corporation did not elect the optional 60-month write-off under section
59(e) for the regular
tax.
Intangible drilling costs (IDCs) from oil, gas, and geothermal properties are a preference to the extent excess IDCs exceed 65% of the
net income from the properties. Figure the preference for all geothermal deposits separately from the preference for all oil
and gas properties that
are not geothermal deposits.
Excess IDCs are the excess of:
- The amount of IDCs the corporation paid or incurred for oil, gas, or geothermal properties that it elected to expense for
the regular tax
under section 263(c) (not including any section 263(c) deduction for nonproductive wells) reduced by the section 291(b)(1)
adjustment for integrated
oil companies and increased by any amortization of IDCs allowed under section 291(b)(2) over
- The amount that would have been allowed if the corporation had amortized that amount over a 120-month period starting with
the month the
well was placed in production.
Note:
If the corporation prefers not to use the 120-month period, it can elect any method that is permissible in determining cost
depletion.
Net income is the gross income the corporation received or accrued from all oil, gas, and geothermal wells minus the deductions
allocable to these
properties (reduced by the excess IDCs). When refiguring net income, use only income and deductions allowed for the AMT.
Exception.
The preference for IDCs from oil and gas wells does not apply to corporations that are independent producers (i.e.,
not integrated oil companies as
defined in section 291(b)(4)). However, this benefit may be limited. First, figure the IDC preference as if this exception
did not apply. Then, for
purposes of this exception, complete a second Form 4626 through line 5, including the IDC preference. If the amount of the
IDC preference exceeds 40%
of the amount figured for line 5, enter the excess on line 2n (the benefit of this exception is limited). If the amount of
the IDC preference is equal
to or less than 40% of the amount figured for line 5, do not include an amount on line 2n for oil and gas wells (the benefit
of this exception is not
limited).
Line 2o—Other Adjustments
Enter the net amount of any other adjustments and preferences, including the following.
- Income eligible for the possessions tax credit. If this income was included in the corporation's taxable income for the regular
tax, include this amount on line 2o as a negative amount.
- Income from the alcohol fuel credit. If this income was included in the corporation's income for the regular tax, include this
amount on line 2o as a negative amount.
- Income as the beneficiary of an estate or trust. If the corporation is the beneficiary of an estate or trust, include on line 2o
the minimum tax adjustment from Schedule K-1 (Form 1041), line 9.
- Net AMT adjustment from an electing large partnership. If the corporation is a partner in an electing large partnership, include
on line 2o the amount from Schedule K-1 (Form 1065-B), box 6. Also include on line 2o any amount from Schedule K-1 (Form 1065-B),
box 5, unless the
corporation is closely held or a personal service corporation. Closely held and personal service corporations should take
any amount from box 5 into
account when figuring the amount to enter on line 2j.
- Patron's AMT adjustment. Distributions the corporation received from a cooperative may be includible in income. Unless the
distributions are nontaxable, include on line 2o the total AMT patronage dividend adjustment reported to the corporation from
the
cooperative.
- Cooperative's AMT adjustment. If the corporation is a cooperative, refigure the cooperative's deduction for patronage dividends
by taking into account the cooperative's AMT adjustments and preferences. Subtract the cooperative's AMT deduction for patronage
dividends from its
regular tax deduction for patronage dividends and include the result on line 2o. If the AMT deduction is more than the regular
tax deduction, include
the result as a negative amount.
- Installment sales. The installment method does not apply for the AMT to any nondealer disposition of property that occurred after
August 16, 1986, but before the first day of the corporation's tax year that began in 1987, if an installment obligation to
which the proportionate
disallowance rule applied arose from the disposition. Include as a negative adjustment on line 2o the amount of installment
sale income reported for
the regular tax.
- Accelerated depreciation of real property and certain leased personal property (pre-1987).
Note:
This preference generally applies only to property placed in service after 1987, but depreciated using pre-1987 rules due
to transition provisions
of the Tax Reform Act of 1986.
Refigure depreciation for the AMT using the straight line method for real property for which accelerated depreciation was
determined for the
regular tax using pre-1987 rules. Use a recovery period of 19 years for 19-year real property and 15 years for low-income
housing property. Figure
the excess of the regular tax depreciation over the AMT depreciation separately for each property and include only positive
adjustments on line 2o.
The adjustment for leased personal property only applies to personal holding companies. For leased personal property other
than recovery property,
enter the excess of the depreciation claimed for the property for the regular tax using pre-1987 rules over the depreciation
allowable for the AMT as
refigured using the straight line method.
For leased 10-year recovery property and leased 15-year public utility property, enter the excess of the regular tax depreciation
over the
depreciation allowable using the straight line method with a half-year convention, no salvage value, and a recovery period
of 15 years (22 years for
15-year public utility property).
Figure this amount separately for each property and include only positive adjustments on line 2o.
- Related adjustments. AMT adjustments and preferences may affect deductions that are based on an income limit (e.g., charitable
contributions). Refigure these deductions using the income limit as modified for the AMT. Include on line 2o an adjustment
for the difference between
the regular tax and AMT amounts for all such deductions. If the AMT deduction is more than the regular tax deduction, include
the difference as a
negative amount.
Line 4—Adjusted Current Earnings (ACE) Adjustment
Note:
The ACE adjustment does not apply to a regulated investment company or a real estate investment trust.
Line 4b
Important:
For an affiliated group filing a consolidated return under the rules of section 1501, figure line 4b on a consolidated basis.
The following examples illustrate the manner in which line 3 is subtracted from line 4a to get the amount to enter
on line 4b.
Example 1.
Corporation A has line 4a ACE of $25,000. If Corporation A has line 3 pre-adjustment AMTI in the amounts shown below,
its line 3 and line 4a
amounts would be combined as follows to determine the amount to enter on line 4b.
Line 4a ACE |
$25,000 |
$25,000 |
$25,000 |
Line 3 pre-adj.
AMTI
|
10,000 |
30,000 |
(50,000) |
Amount to enter
on line 4b
|
$15,000 |
$(5,000) |
$75,000 |
Example 2.
Corporation B has line 4a ACE of $(25,000). If Corporation B has line 3 pre-adjustment AMTI in the amounts shown below,
its line 3 and line 4a
amounts would be combined as follows to determine the amount to enter on line 4b.
Line 4a ACE |
$(25,000) |
$(25,000) |
$(25,000) |
Line 3 pre-adj.
AMTI
|
(10,000) |
(30,000) |
50,000 |
Amount to enter
on line 4b
|
$(15,000) |
$5,000 |
$(75,000) |
Line 4d.
A potential negative ACE adjustment (i.e., a negative amount on line 4b multiplied by 75%) is allowed as a negative
ACE adjustment on line 4e
only if the corporation's total increases in AMTI from prior year ACE adjustments exceed its total reductions in AMTI from prior
year ACE
adjustments (line 4d). The purpose of line 4d is to provide a “ running balance” of this limitation amount. As such, the corporation must keep
adequate records (e.g., a copy of Form 4626 completed at least through line 5) from year to year (even in years in which it
does not owe any AMT).
Any potential negative ACE adjustment that is not allowed as a negative ACE adjustment in a tax year because of the
line 4d limitation may
not be used to reduce a positive ACE adjustment in any other tax year. Combine lines 4d and 4e of the 2002 Form 4626 and enter
the result on
line 4d of the 2003 form, but do not enter less than zero.
Example.
Corporation C, a calendar-year corporation, was incorporated January 1, 1999. Its ACE and pre-adjustment AMTI for
1999 through 2003 were as
follows.
Year |
ACE |
Pre-
adjustment
AMTI |
1999 |
$700,000 |
$800,000 |
2000 |
900,000 |
600,000 |
2001 |
400,000 |
500,000 |
2002 |
(100,000) |
300,000 |
2003 |
250,000 |
100,000 |
Corporation C subtracts its pre-adjustment AMTI from its ACE in each of the years and then multiplies the result by
75% to get the following
potential ACE adjustments for 1999 through 2003.
Year |
ACE minus
pre-adjustment
AMTI |
Potential
ACE
adjustment |
1999 |
$(100,000) |
$(75,000) |
2000 |
300,000 |
225,000 |
2001 |
(100,000) |
(75,000) |
2002 |
(400,000) |
(300,000) |
2003 |
150,000 |
112,500 |
Under these facts, Corporation C has the following increases or reductions in AMTI for 1999 through 2003.
Year |
Increase or (reduction)
in AMTI from ACE adjustment |
1999 |
$0 |
2000 |
225,000 |
2001 |
(75,000) |
2002 |
(150,000) |
2003 |
112,500 |
In 1999, Corporation C was not allowed to reduce its AMTI by any part of the potential negative ACE adjustment because it
had no increases in AMTI
from prior year ACE adjustments.
In 2000, Corporation C had to increase its AMTI by the full amount of its potential ACE adjustment. It was not allowed to
use any part of its 1999
unallowed potential negative ACE adjustment of $75,000 to reduce its 2000 positive ACE adjustment of $225,000.
In 2001, Corporation C was allowed to reduce its AMTI by the full amount of its potential negative ACE adjustment because
that amount is less than
its line 4d limit of $225,000.
In 2002, Corporation C was allowed to reduce its AMTI by only $150,000. Its potential negative ACE adjustment of $300,000
was limited to its 2000
increase in AMTI of $225,000 minus its 2001 reduction in AMTI of $75,000.
In 2003, Corporation C must increase its AMTI by the full amount of its potential ACE adjustment. It may not use any part
of its 2002 unallowed
potential negative ACE adjustment of $150,000 to reduce its 2003 positive ACE adjustment of $112,500. Corporation C would
complete the relevant
portion of its 2003 Form 4626 as follows.
Line |
Amount |
4a |
$250,000 |
4b |
150,000 |
4c |
112,500 |
4d |
-0- |
4e |
112,500 |
Line 6—Alternative Tax Net Operating Loss Deduction (ATNOLD)
The ATNOLD is the sum of the ATNOL carrybacks and carryforwards to the tax year, subject to the limitation explained below.
For a corporation that
held a residual interest in a real estate mortgage investment conduit (REMIC), figure the ATNOLD without regard to any excess
inclusion.
NOLs arising in tax years beginning before August 6, 1997, may be carried forward no more than 15 years. Therefore, the corporation
may not carry
forward an NOL to this tax year from a loss year beginning before 1988.
The ATNOL for a loss year is the excess of the deductions allowed in figuring AMTI (excluding the ATNOLD) over the income
included in AMTI. This
excess is figured with the modifications in section 172(d), taking into account the adjustments in sections 56 and 58 and
preferences in section 57
(that is, the section 172(d) modifications must be separately figured for the ATNOL).
In applying the rules relating to the determination of the amount of carrybacks and carryforwards, use the modification to
those rules described in
section 56(d)(1)(B)(ii).
The ATNOLD is limited to 90% of AMTI determined without regard to the ATNOLD. To figure AMTI without regard to the ATNOLD,
use a second Form 4626
as a worksheet. Complete the second Form 4626 through line 5, but when figuring lines 2l and 2o, treat line 6 as if it were
zero. The amount figured
on line 5 of the second Form 4626 is the corporation's AMTI determined without regard to the ATNOLD.
The amount of any ATNOL that is not deductible may be carried back or forward using the rules outlined in section 172(b).
An election under section
172(b)(3) to forego the carryback period for the regular tax also applies for the AMT.
The ATNOL carried back or forward may differ from the NOL (if any) that is carried back or forward for the regular tax. Keep
adequate records for
both the AMT and the regular tax.
Line 7—Alternative Minimum Taxable Income
For a corporation that held a residual interest in a REMIC and is not a thrift institution, line 7 may not be less than the
total of the amounts
shown on line 2c of Schedule(s) Q (Form 1066), Quarterly Notice to Residual Interest Holder of REMIC Taxable Income or Net Loss Allocation,
for the periods included in the corporation's tax year. If the total of the line 2c amounts is larger than the amount the
corporation would otherwise
enter on line 7, enter that total and write “Sch. Q” on the dotted line next to line 7.
Line 8—Exemption Phase-Out Computation
Line 8a.
If this Form 4626 is for a member of a controlled group of corporations, subtract $150,000 from the combined AMTI
of all members of the controlled
group. Divide the result among the members of the group in the same manner as the $40,000 tentative exemption is divided among
the members. Enter this
member's share on line 8a. The tentative exemption must be divided equally among the members, unless all members consent to
a different allocation.
See section 1561 for details.
Line 8c.
If this Form 4626 is for a member of a controlled group of corporations, reduce the member's share of the $40,000
tentative exemption by the amount
entered on line 8b.
Line 11—Alternative Minimum Tax Foreign Tax Credit (AMTFTC)
The AMTFTC is the foreign tax credit refigured as follows.
Note:
In determining if any income is “high-taxed” in applying the separate limitation categories, use the AMT rate (20%) instead of the regular tax
rate.
- Complete a separate AMT Form 1118, Foreign Tax Credit—Corporations, for each separate limitation category specified at the
top of Form 1118. Include as a separate limitation category dividends received from a corporation that qualifies for the possessions
tax credit if the
dividends-received deduction for those dividends is disallowed under the ACE rules.
- For each separate AMT Form 1118, if the corporation previously made or is making the simplified limitation election (discussed on
page 8), skip Schedule A and enter on Schedule B, Part II, line 6, the same amount you entered on that line for the regular
tax. Otherwise, complete
Schedule A using only income and deductions that are allowed for the AMT and attributable to sources outside the United States.
- For each separate AMT Form 1118, complete Schedule B, Part II. Enter any AMTFTC carryover on Schedule B, Part II, line 4.
Enter the AMTI
from Form 4626, line 7, on Schedule B, Part II, line 7a. Enter the amount from Form 4626, line 10, on Schedule B, Part II,
line 9.
Note:
When completing Schedule B, treat as a tax paid to a foreign country 75% of any withholding or income tax paid to a U.S. possession
on dividends
received from a corporation that qualifies for the possessions tax credit (if the dividends-received deduction for those dividends
is disallowed under
the ACE rules).
- Complete Schedule B, Part III, of the summary AMT Form 1118. The total foreign tax credit on line 13 is limited to the tax
on Form 4626,
line 10, minus 10% of the tax that would be on that line if Form 4626 were refigured using zero on line 6 and without regard
to the exception for
intangible drilling costs (IDCs) under section 57(a)(2)(E).
If there is no entry on Form 4626, line 6, and no IDCs (or the exception does not apply to the corporation), enter on Form
4626, line 11, the
smaller of:
- 90% of Form 4626, line 10, or
- The amount from the AMT Form 1118, Schedule B, Part III, line 13.
If Form 4626, line 6, has an amount or the exception for IDCs applies to the corporation:
- Refigure what the tax on line 10 would have been if line 6 were zero and the exception did not apply,
- Multiply that amount by 10%,
- Subtract the result from the tax on line 10, and
- Enter on Form 4626, line 11, the smaller of that amount or the amount from the AMT Form 1118, Schedule B, Part III, line
13.
The corporation may use any reasonable method, consistently applied, to apportion the disallowed amount among the separate
limitation categories
(including the general limitation income category). Any AMT foreign tax credit for each separate limitation category that
the corporation cannot claim
(because of the limitation fraction and/or the 90% limit) is treated as a credit carryback or carryforward for that limitation
category under section
904(c). (Because these amounts may differ from the amounts that are carried back or forward for the regular tax, keep adequate
records for both the
AMT and regular tax.) When carried back or forward, the credit is reported on Schedule B, Part II, line 4, of the carryover
year's AMT Form 1118 for
that separate limitation category.
Simplified Limitation Election
The corporation may elect to use a simplified section 904 limitation to figure its AMTFTC. The corporation must make the election for
its first tax year beginning after 1997 for which it claims an AMTFTC. If it does not make the election for that tax year,
it may not make the
election for a later tax year. Once made, the election applies to all later tax years and may only be revoked with IRS consent.
If the corporation made the election for each of its AMT separate limitations, the corporation uses its separate limitation
income or loss that it
determined for the regular tax (instead of refiguring the separate limitation income or loss for the AMT, as described earlier).
Enter the corporation's regular tax liability (as defined in section 26(b)) minus any foreign tax credit and possessions tax
credit (e.g., for Form
1120: Schedule J, line 3, minus the sum of Schedule J, lines 6a and 6b). Do not include any:
- Tax on accumulation distribution of trusts from Form 4970,
- Recapture of investment credit (under section 49(b) or 50(a)) from Form 4255,
- Recapture of low-income housing credit (under section 42(j) or (k)) from Form 8611, or
- Recapture of any other credit.
ACE Worksheet Instructions
Treatment of Certain Ownership Changes
If a corporation with a net unrealized built-in loss (within the meaning of section 382(h)) undergoes an ownership change
(within the meaning of
Regulations section 1.56(g)-1(k)(2)), refigure the adjusted basis of each asset of the corporation (immediately after the
ownership change). The new
adjusted basis of each asset is its proportionate share (based on respective fair market values) of the fair market value
of the corporation's assets
(determined under section 382(h)) immediately before the ownership change.
To determine if the corporation has a net unrealized built-in loss, use the aggregate adjusted basis of its assets used for
figuring its ACE.
Note:
Use these new adjusted bases for all future ACE calculations (such as depreciation and gain or loss on disposition of an asset).
Line 2—ACE Depreciation Adjustment
Line 2a.
Generally, the amount entered on this line is the depreciation the corporation claimed for the regular tax (Form 4562,
line 22), modified by the
AMT depreciation adjustments reported on lines 2a and 2o of Form 4626.
Line 2b(1).
For property placed in service after 1993, the ACE depreciation is the same as the AMT depreciation. Therefore, enter
on line 2b(1) the same
depreciation expense you included on line 2a of this worksheet for such property.
Line 2b(2).
For property placed in service in a tax year that began after 1989 and before 1994, use the ADS depreciation described
in section 168(g). However,
for property (a) placed in service in a tax year that began after 1989 and (b) described in sections 168(f)(1) through (4), use
the same depreciation claimed for the regular tax and enter it on line 2b(5).
Line 2b(3).
For property placed in service in a tax year that began after 1986 and before 1990 (MACRS property), use the straight
line method over the
remainder of the recovery period for the property under the ADS of section 168(g). In doing so, use the convention that would
have applied to the
property under section 168(d). For more information (including an example that illustrates the application of these rules),
see Regulations section
1.56(g)-1(b)(2).
Line 2b(4).
For property placed in service in a tax year that began after 1980 and before 1987 (to which the original ACRS applies),
use the straight line
method over the remainder of the recovery period for the property under ADS. In doing so, use the convention that would have
applied to the property
under section 168(d) (without regard to section 168(d)(3)). For more information (including an example that illustrates the
application of these
rules), see Regulations section 1.56(g)-1(b)(3).
Line 2b(5).
For property described in sections 168(f)(1) through (4), use the regular tax depreciation, regardless of when the
property was placed in service.
Important:
Line 2b(5) takes priority over lines 2b(1), 2b(2), 2b(3), and 2b(4) (i.e., for property that is described in sections 168(f)(1)
through (4), use
line 2b(5) instead of the line 2b(1), 2b(2), 2b(3), or 2b(4) that would otherwise apply).
Line 2b(6).
Use the regular tax depreciation for (a) property placed in service before 1981 and (b) property placed in service after
1980, in a tax year that began before 1990, that is excluded from MACRS by section 168(f)(5)(A)(i) or original ACRS by section
168(e)(4), as in effect
before the Tax Reform Act of 1986.
Line 2c.
Subtract line 2b(7) from line 2a and enter the result on line 2c. If line 2b(7) exceeds line 2a, enter the difference
as a negative amount.
Line 3—Inclusion in ACE of Items Included in Earnings and Profits (E&P)
In general, any income item that is not taken into account (see below) in determining the corporation's pre-adjustment AMTI
but that is taken into
account in determining its E&P must be included in ACE. Any such income item may be reduced by all items related to that income
item and that
would be deductible when figuring pre-adjustment AMTI if the income items to which they relate were included in the corporation's
pre-adjustment AMTI
for the tax year. Examples of adjustments for these income items include:
- Interest income from tax-exempt obligations excluded under section 103 minus any costs incurred in carrying these tax-exempt
obligations
and
- Proceeds of life insurance contracts excluded under section 101 minus the basis in the contract for purposes of ACE.
An income item is considered taken into account without regard to the timing of its inclusion in a corporation's pre-adjustment
AMTI or its
E&P. Only income items that are permanently excluded from pre-adjustment AMTI are included in ACE. An income item will not
be considered taken
into account merely because the proceeds from that item might eventually be reflected in a corporation's pre-adjustment AMTI
(e.g., that of a
shareholder) on the liquidation or disposal of a business.
Exception.
Do not make an adjustment for the following.
- Any income from discharge of indebtedness excluded from gross income under section 108 (or the corresponding provision of
prior
law).
- Any extraterritorial income excluded from gross income under section 114.
- For an insurance company taxed under section 831(b), any amount not included in gross investment income (as defined in section
834(b)).
Line 3d.
Include in ACE the income on life insurance contracts (as determined under section 7702(g)) for the tax year minus
the part of any premium
attributable to insurance coverage.
Line 3e.
Do not include any adjustment related to the E&P effects of any charitable contribution (section 56(g)(4)(I)).
Line 4—Disallowance of Items Not Deductible From E&P
Generally, no deduction is allowed when figuring ACE for items not taken into account (see below) in figuring E&P for the
tax year. These
amounts increase ACE if they are deductible in figuring pre-adjustment AMTI (i.e., they would be positive adjustments).
However, there are exceptions. Do not add back:
- Any deduction allowable under section 243 or 245 for any dividend that qualifies for a 100% dividends-received deduction under
section
243(a), 245(b), or 245(c) and
- Any dividend received from a 20%-owned corporation (see section 243(c)(2)), but only if the dividend is from income of the
paying
corporation that is subject to Federal income tax.
See sections 56(g)(4)(C)(iii) and (iv) for special rules for dividends from section 936 corporations (including section 30A
corporations) and
certain dividends received by certain cooperatives.
An item is considered taken into account without regard to the timing of its deductibility in figuring pre-adjustment AMTI
or E&P. Therefore,
only deduction items that are permanently disallowed in figuring E&P are disallowed in figuring ACE.
Items described in Regulations section 1.56(g)-1(e) for which no adjustment is necessary.
Generally, no deduction is allowed for an item in figuring ACE if the item is not deductible in figuring pre-adjustment
AMTI (even if the item is
deductible in figuring E&P). The only exceptions to this general rule are the related reductions to an income item described
in the second
sentence of the instructions for line 3 on page 8. Deductions that are not allowed in figuring ACE include:
- Capital losses that exceed capital gains;
- Bribes, fines, and penalties disallowed under section 162;
- Charitable contributions that exceed the limitations of section 170;
- Meals and entertainment expenses that exceed the limitations of section 274;
- Federal taxes disallowed under section 275; and
- Golden parachute payments that exceed the limitation of section 280G.
Note:
No adjustment is necessary for these items since they were not allowed in figuring pre-adjustment AMTI.
Line 4e.
Do not include any adjustment related to the E&P effects of any charitable contribution (section 56(g)(4)(I)).
Line 5a.
Except as noted below, in figuring ACE, determine the deduction for intangible drilling costs (section 263(c)) under
section 312(n)(2)(A).
Subtract the ACE expense (if any) from the AMT expense (used to figure line 2n of Form 4626) and enter the result
on line 5a. If the ACE expense
exceeds the AMT amount, enter the result as a negative amount.
Exception.
The above rule does not apply to amounts paid or incurred for any oil or gas well by corporations that are independent
producers (i.e., not
integrated oil companies as defined in section 291(b)(4)). If this exception applies, do not enter an amount on line 5a for
oil and gas wells.
Line 5b.
When figuring ACE, the current year deduction for circulation expenditures under section 173 does not apply. Therefore,
treat circulation
expenditures for ACE using the case law that existed before section 173 was enacted.
Subtract the ACE expense (if any) from the regular tax expense (for a personal holding company, from the AMT expense
used to figure line 2d of
Form 4626) and enter the result on line 5b. If the ACE expense exceeds the regular tax amount (for a personal holding company,
the AMT amount), enter
the result as a negative amount.
Note:
Do not make this adjustment for expenditures for which the corporation elected the optional 3-year write-off under section 59(e)
for the
regular tax.
Line 5c.
When figuring ACE, the amortization provisions of section 248 do not apply. Therefore, charge all organizational expenditures
to a capital account
and do not take them into account when figuring ACE until the corporation is sold or otherwise disposed of. Enter on line
5c all amortization
deductions for organizational expenditures that were taken for the regular tax during the tax year.
Line 5d.
The adjustments provided in section 312(n)(4) apply in figuring ACE. See Regulations section 1.56(g)-1(f)(3).
Line 5e.
For any installment sale in a tax year that began after 1989, the corporation generally cannot use the installment
method to figure ACE. However,
it may use the installment method for the applicable percentage (as determined under section 453A) of the gain from any installment
sale to which
section 453A(a)(1) applies.
Subtract the installment sale income reported for AMT from the ACE income from the sales and enter the result on
line 5e. If the ACE income from
the sales is less than the AMT amount, enter the difference as a negative amount.
Line 6—Disallowance of Loss on Exchange of Debt Pools
When figuring ACE, the corporation may not recognize any loss on the exchange of any pool of debt obligations for any other
pool of debt
obligations having substantially the same effective interest rates and maturities. Add back (i.e., enter as a positive adjustment)
on line 6 any such
loss to the extent recognized for the regular tax.
Line 7—Acquisition Expenses of Life Insurance Companies for Qualified Foreign Contracts
For ACE, acquisition expenses of life insurance companies for qualified foreign contracts (as defined in section 807(e)(4)
without regard to the
treatment of reinsurance contract rules of section 848(e)(5)) must be capitalized and amortized by applying the treatment
generally required under
generally accepted accounting principles (and as if this rule applied to such contracts for all applicable tax years).
Subtract the ACE expense (if any) from the regular tax expense and enter the result on line 7. If the ACE expense is more
than the regular tax
expense, enter the result as a negative amount.
When figuring ACE, the allowance for depletion for any property placed in service in a tax year that began after 1989 generally
must be determined
under the cost depletion method of section 611.
Subtract the ACE expense (if any) from the AMT expense (used to figure line 2l of Form 4626) and enter the result on line
8 of the worksheet. If
the ACE expense is more than the AMT amount, enter the result as a negative amount.
Exception.
Independent oil and gas producers and royalty owners that figured their regular tax depletion deduction under section
613A(c) do not have an
adjustment for ACE purposes.
Line 9—Basis Adjustments in Determining Gain or Loss From Sale or Exchange of Pre-1994 Property
If, during the tax year, the corporation disposed of property for which it is making (or previously made) any of the section
56(g) ACE adjustments,
refigure the property's adjusted basis for ACE. Then refigure the property's gain or loss.
Enter the difference between the AMT gain or loss (used to figure line 2e of Form 4626) and the ACE gain or loss. Enter the
difference as a
negative amount if:
- The ACE gain is less than the AMT gain,
- The ACE loss is more than the AMT loss, or
- The corporation had an ACE loss and an AMT gain.
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